a.

There shall be a zoning board of review, herein referred to as the board, who shall have all the authority and be subject to all of the duties provided by G.L. 1956, § 45-24-57, as amended.

b.

The zoning board of review shall consist of five members, each to hold office for the term of five years, provided, however, that the original appointments shall be made for terms of one, two, three, four and five years, respectively. Members of the board serving on the effective date of adoption of this ordinance shall be exempt from the provisions of this section respecting terms of originally appointed members, until the expiration of their current terms.

c.

In addition to the members herein provided for, the town council shall appoint two alternates, who shall serve as first and second alternate members of the board. The alternate members shall be appointed for a term of one year.

d.

All members shall serve until their successors are duly appointed and qualified. Members of the board shall be registered voters of the Town of Tiverton, and no member shall be an elected or otherwise appointed official of the town. In case any vacancy occurs in the board for any cause, the town council shall appoint a member to the board to fill the vacancy for the remainder of the term. Any member may also be removed for cause shown.

e.

The board shall organize annually by electing from its membership a chairperson and a vice-chairperson.

a.

Meetings of the board shall be held at least once a month and at such other times as the chairperson may determine are necessary. The chairperson, or, in his or her absence, the vice-chairperson, shall administer oaths and compel the attendance of witnesses and the submission of explanatory data. All hearings of the board shall be open to the public.

b.

In conducting hearings and arriving at its decisions, the board shall at all times consist of five participating members. If a conflict occurs for a member, that member shall recuse himself or herself, shall not sit as an active member and shall take no part in the conduct of the hearing.

c.

The alternate members shall attend and may actively participate in hearings. The first alternate shall vote if one member of the board is unable to serve at a hearing, and the second shall vote if two members of the board are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate. No member or alternate may vote on any matter before the board unless they have attended all hearings concerning that matter.

d.

A minimum of four members, which may include alternates, shall form a duly constituted quorum. A maximum of five active members, which may include alternates, are entitled to vote on any issue.

e.

The concurring vote of a majority of members of the zoning board of review sitting at a hearing and entitled to vote is necessary to reverse any order, requirement, decision, or determination of any zoning administrative officer from whom an appeal was taken.

f.

The concurring vote of a majority of members of the zoning board of review sitting at a hearing and entitled to vote is required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under the ordinance, including variances and special-use permits.

(Ord. of 11-30-23(7))

The board shall have the following powers and duties:

a.

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning officer in the enforcement of this ordinance. As a result of an appeal, the board may affirm or reverse, or may modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made; and to that end the board shall have all the powers of the zoning officer from whom the appeal was taken.

b.

To hear and decide upon the issuance of special use permits upon which the board is authorized to pass as enumerated in articles IV and XVI of this ordinance.

c.

To authorize upon appeal, in specific cases, such variance in the application of the requirements of this ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

d.

To refer matters to the planning board, or to other boards or agencies of the Town of Tiverton, as the board may deem appropriate, for findings and recommendations.

e.

To provide for the issuance of conditional zoning approvals where a proposed application would otherwise be approved except that [for] one or more necessary state or federal agency approvals which are pending. A conditional zoning approval shall be revoked in the instance where any necessary state or federal agency approvals are not received within a specified time period.

f.

To hear and decide other matters, according to the terms of this ordinance or other statutes, and upon which the board may be authorized to pass under this ordinance or other statutes.

a.

Appeals to the zoning board of review may be taken by any person aggrieved, or by any officer, department, board or bureau affected by any decision of the zoning officer concerning the provisions of this ordinance. Such appeal shall be taken within 30 days as provided by the rules of the board, by filing with the zoning officer and with the board a notice of appeal, specifying the grounds for appeal.

b.

The zoning officer shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

c.

An appeal shall stay all proceedings in furtherance of an action appealed from, unless the zoning officer certifies to the board, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall be stayed only by a restraining order which may be granted by the board, or by a court of competent jurisdiction, on application therefor and upon notice to the zoning officer and for due cause shown.

a.

Applications for special use permits and variances shall be filed directly with the zoning officer as provided by the rules of the board. An application for a prospective change in land use or for a subdivision of land must, prior to a public hearing being held thereon by the zoning board of review, be referred to the planning board for a written recommendation thereon. If the planning board fails to act within 30 days, it shall be deemed to have waived its comment.

b.

Applications for special use permits and variances shall be accompanied by a list of all owners of property within 200 feet of the property in question, and by a site plan for the proposed development. Such site plan shall be prepared by a registered land surveyor or registered professional engineer and drawn to scale. It shall show all existing and proposed structures, parking spaces, driveway and driveway openings, outside storage areas and sign locations. It shall also show all water bodies and landscape features such as fences, walls, planting areas, walkways and buffer strips, and other such information as may be required by the board. The zoning officer may waive the requirements of this provision if he determines that strict compliance is unnecessary given the size or scope of the project involved.

c.

A special use permit or variance shall expire one year from the date of granting of such by the board, unless the applicant exercises the permission granted, or receives a building permit to do so and commences construction and diligently prosecutes the construction until completed. The board may, upon application thereof, for cause shown and without a public hearing, grant an extension, provided that not more than one such extension for a period of six months be granted.

a.

The board shall fix a reasonable time for the hearing of an appeal or application for a special use permit or variance, and shall publish notice thereof in a newspaper of general circulation in the Town of Tiverton at least 14 days prior to the hearing; shall give due notice by registered mail to the applicant and owners of property within 200 feet of the property in question; and shall hear the appeal, special use permit or variance within a reasonable time. In addition, notice shall be forwarded by first class mail to the following:

(1)

The city or town council of any adjacent community which is located within 200 feet of the subject property, or where there is a public, quasipublic or private water source lying within 2,000 feet of any area affected by the proposed action;

(2)

The governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source, and that is within 2,000 feet of any area affected by the proposed action, provided, however, that such governing body has filed with the zoning officer a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

b.

The board shall make a record of all its proceedings and actions, showing specific reasons for its decisions, including all findings of fact and conditions, the vote of each member participating therein, and the absence of a member or his or her failure to vote. Decisions shall be recorded and filed in the office of the town clerk within 30 working days from the date when the decision was rendered, and shall be available for review by the public. For any proceeding in which the right of appeal lies to the superior or supreme court, the zoning board of review shall have the minutes taken either by a competent stenographer or recorded by a sound-recording device.

c.

Any decision by the board, including any special conditions attached thereto, shall be mailed to the applicant, to the zoning officer and to the associate director of the division of planning of the Rhode Island department of administration. Any decision evidencing the granting of a special use permit or variance shall also be recorded in the land evidence records of the Town of Tiverton.

The zoning board of review, in granting a special use permit or variance or in making any determination upon which it is required to pass after a public hearing, may apply such special conditions that, in the opinion of the board, are required to promote the intent and purposes of the comprehensive plan or of this zoning ordinance; failure to abide by any special conditions attached to an approval shall constitute a zoning violation. The special conditions may include provisions for:

a.

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities.

b.

Designating the exact location and nature of development.

c.

Controlling the sequence of development, including when it must be commenced and completed.

d.

Controlling the duration of use or development, and the time within which any temporary structure must be removed.

e.

Assuring satisfactory installation and maintenance of required public improvements.

f.

Establishing detailed records by submission of drawings, maps, plats or specifications.

g.

Establishment of setbacks from streets and neighboring property, placing of screen fencing or screen evergreen planting, and other matters as it may deem necessary to prevent nuisance to and promote harmony with nearby property.

The application for an appeal, special use permit or variance shall be accompanied by a filing fee of that amount contained in the current fee schedule as adopted by the town council, and payable to the Town of Tiverton. Prior to the hearing, the applicant will also reimburse the town for the cost of advertising the petition and notification of abutters.

Any person or persons jointly or severally aggrieved by any provisions of this ordinance, or by any decision of the board or any officer, department, board or bureau of the town, may file an appeal to the superior court in the State of Rhode Island, as provided by G.L. 1956, § 45-24-69, as amended. The appeal shall set forth that such decision is illegal in whole or in part, and specify the grounds of the illegality. Such appeal shall be filed with the court within 20 days after filing of the decision in the office of the town clerk. No formal decision of the board will be forwarded to petitioners until said 20-day appeal period has expired.